Singleton, Sr. v. Biter, et al.

Filing 72

FINDINGS and RECOMMENDATIONS Regarding Plaintiff's Motions for Injunctive Relief, signed by Magistrate Judge Dennis L. Beck on 5/29/2014, referred to Judge Ishii. Objections to F&R Due Within Twenty-One Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LAMAR SINGLETON, SR.,

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Plaintiff,
v.
M. D. BITER, et al.,

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Defendants.

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Case No.: 1:12cv00043 AWI DLB (PC)
FINDINGS AND RECOMMENDATIONS
REGARDING PLAINTIFF’S MOTIONS FOR
INJUNCTIVE RELIEF
(Documents 69 and 70)
TWENTY-ONE DAY DEADLINE

Plaintiff Lamar Singleton (“Plaintiff”), a state prisoner proceeding pro se and in forma

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pauperis, filed this civil rights action on January 9, 2012. This action is proceeding against

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Defendants Biter and Lopez for violation of the Eighth Amendment.

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Defendants’ November 21, 2013, motion to dismiss based on exhaustion was recently

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converted into a motion for summary judgment. Defendants have informed the Court that no

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additional discovery is necessary. The Court is awaiting Plaintiff’s position on discovery related to

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exhaustion.

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On May 7 and May 9, 2014, Plaintiff filed motions in which he requested emergency medical

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treatment at Mule Creek State Prison. On May 20, 2014, the Court issued Findings and

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Recommendations that the motions be denied for jurisdictional reasons. Plaintiff has not yet filed

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objections.

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On May 22 and May 27, 2014, Plaintiff filed two more motions for injunctive relief.1 It

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appears that Plaintiff sent these motions prior to receiving the Findings and Recommendations that his

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other motions be denied.

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A.

LEGAL STANDARD

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A preliminary injunction is an extraordinary remedy never awarded as of right. Winter v.

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Natural Resources Defense Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 376 (2008) (citation and

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quotation marks omitted). For each form of relief sought in federal court, Plaintiff must establish

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standing. Summers v. Earth Island Institute, 555 U.S. 488, 493, 129 S.Ct. 1142, 1149 (2009) (citation

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omitted); Mayfield v. United States, 599 F.3d 964, 969 (9th Cir. 2010) (citation omitted).

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This requires Plaintiff to show that he is under threat of suffering an injury in fact that is concrete and

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particularized; the threat must be actual and imminent, not conjectural or hypothetical; it must be fairly

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traceable to challenged conduct of the defendant; and it must be likely that a favorable judicial

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decision will prevent or redress the injury. Summers, 129 S.Ct. at 1149 (quotation marks and citation

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omitted); Mayfield, 599 F.3d at 969.
Federal courts are courts of limited jurisdiction and in considering a request for preliminary

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injunctive relief, the Court is bound by the requirement that as a preliminary matter, it have before it

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an actual case or controversy. City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983); Valley Forge

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Christian Coll. v. Ams. United for Separation of Church and State, Inc., 454 U.S. 464, 471 (1982). If

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the Court does not have an actual case or controversy before it, it has no power to hear the matter in

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question. Id. Requests for prospective relief are further limited by 18 U.S.C. § 3626(a)(1)(A) of the

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Prison Litigation Reform Act, which requires that the Court find the “relief [sought] is narrowly

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drawn, extends no further than necessary to correct the violation of the Federal right, and is the least

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intrusive means necessary to correct the violation of the Federal right.”

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B.

As he did in his prior motions, Plaintiff complains of medical treatment recently received at

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ANALYSIS

Mule Creek State Prison. He requests that the Court order various medical providers and/or

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To the extent that Plaintiff requests to add Defendants and/or claims to his complaint, he must file a motion to amend his
complaint pursuant to Federal Rule of Civil Procedure 15(a)(2).

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correctional officers at Mule Creek State Prison to schedule a biopsy, prescribe certain medications

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and provide treatment for various conditions. The Court does not, however, have jurisdiction to

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provide the relief he requests. This action, which forms the basis of the requirements for injunctive

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relief, concerns allegations of high levels of arsenic in the water at Kern Valley State Prison and

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Plaintiff’s allegedly related health issues. Defendants Biter and Lopez are named based on their

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involvement in the events at Kern Valley State Prison.

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Plaintiff requests relief, however, unrelated to the issues and parties in this action. The Court

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lacks personal jurisdiction over individuals who are not parties to this action and it is unable to order

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anyone at Mule Creek State Prison to take any action. Similarly, the Court lacks jurisdiction to

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remedy issues at Mule Creek State Prison that are unrelated to those in this action.

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The Court recognizes that Plaintiff’s medical treatment is related in a general sense to his prior

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allegations. However, from a jurisdictional standpoint, the events are not related and there is no basis

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upon which the Court may intervene. Because the issues Plaintiff seeks to remedy bear no relation,

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jurisdictionally, to the past events at Kern Valley State Prison that give rise to this action, the case or

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controversy requirement cannot be met and injunctive relief must be denied.

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To the extent Plaintiff believes he is in danger, he has other avenues of relief available to him,

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including filing a new action in this Court related to his medical treatment at Mule Creek State Prison

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once his administrative remedies are exhausted. The issue is not that Plaintiff’s allegations are not

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serious, or that Plaintiff is not entitled to relief if sought in the proper forum. The issue is that this

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action cannot be used by Plaintiff obtain the relief he seeks. The seriousness of Plaintiff’s allegations

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concerning his medical treatment cannot, and do not, overcome what is a jurisdictional bar. Steel Co.,

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523 U.S. at 103-04 (“[The] triad of injury in fact, causation, and redressability constitutes the core of

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Article III’s case-or-controversy requirement, and the party invoking federal jurisdiction bears the

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burden of establishing its existence.”)

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Plaintiff is HEREBY PLACED ON NOTICE that any further motions for injunctive relief that

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are baseless and filed in contravention of the applicable legal standards Plaintiff has been provided

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with will result in the imposition of sanctions deemed appropriate by this Court. The Court has more

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than once clearly explained to Plaintiff the jurisdictional bar to obtaining the relief he seeks regarding
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his current conditions of confinement. Plaintiff’s continued refusal to acknowledge the legal bases for

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the Court’s rulings constitutes an abuse of process, and will not be overlooked. Snyder v. Internal

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Revenue Service, 596 F.Supp. 240, 252 (N.D. In. 1984) (“[T]he doors of this courthouse are open to

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good faith litigation, but abuse of the judicial process . . . will not be tolerated.”)

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C.

RECOMMENDATION
For these reasons, the Court RECOMMENDS that Plaintiff’s Motions for Injunctive Relief be

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DENIED.

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These Findings and Recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one (21) days

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after being served with these Findings and Recommendations, Plaintiff may file written objections

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with the court. Such a document should be captioned “Objections to Magistrate Judge's Findings and

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Recommendations.” Plaintiff is advised that failure to file objections within the specified time may

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waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir.

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1991).

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IT IS SO ORDERED.
Dated:

/s/ Dennis

May 29, 2014

L. Beck

UNITED STATES MAGISTRATE JUDGE

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